HomeMy WebLinkAbout4.03 Council Chambers Renovationor
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
October 6, 2015
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -30
Christopher L. Foss, City Manager "
Agreement with SwattlMiers Architects for Design Services �for-lthe City Council
Chamber Renovation
Prepared by Roger Bradley, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider an Agreement with SwattlMiers Architects for the design of
renovations within the City Council Chambers.
FINANCIAL IMPACT:
The cost of design services to renovate the City Council Chambers is $69,940. Sufficient funds
are available in CIP G14099 (Civic Center Modification Design and Construction) to cover these
expenses.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution regarding Agreement with
SwattlMiers Architects for Design Services for the Renovation of the City of Dublin City Council
Chambers.
`Reviewed By
Assistant City Manager
DESCRIPTION:
Staff issued a Request for Proposals (RFP) for design services for the renovation for the City
Council Chambers. The renovations are intended to improve the Chambers to make the viewing
experience better for residents viewing the City Council meetings on TV 30. The RFP specified
that the selection process would be made based on the following criteria: experience performing
similar work in similar buildings, ability of the firm to perform all of the work as described in the
scope of services, responses to interview questions, and relationship of price quoted to work
required. While price would be considered, selection would not be made solely on prices quoted
for the work.
Page 1 of 2 ITEM NO. 4.3
A total of 16 architectural companies were provided with the RFP packet. Staff received three
proposals by the proposal deadline. Staff reviewed the proposals and then interviewed
SwattlMiers Architects, who is the original architect of the Dublin Civic Center. On the basis of
the completeness and quality of the proposal, costs, past experience, and interviews, staff
recommends SwattlMiers Architects as the most qualified to provide design services for the City
Council Chamber renovation.
The City's Purchasing Ordinance allows the selection of professional services based on
considerations other than price. Municipal Code Section 2.36.100.135 specifically exempts
architectural services from competitive bidding requirements. The aggregate price quoted by
SwattlMiers Architects was the second lowest among the proposals submitted; however, its
proposed price is only $20 more than the lowest bidder.
As part of the City Council Chambers renovation project, SwattlMiers Architects will provide
design services and recommendations for the following changes /updates to the City Council
Chambers: replace lighting, install station monitors at each City Councilmember's station at the
dais, possible dais replacement, replace furnishings, and conduct various technology upgrades,
such as microphone enhancements. SwattlMiers will develop cost estimates for the proposed
Chamber enhancements, and Staff expects to return to the City Council for authorization to
begin construction in early winter. Project completion is expected in summer 2016.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Resolution regarding Agreement with SwattlMiers Architects for
Design Services for the Renovation of the City of Dublin City Council
Chambers
Page 2 of 2
RESOLUTION NO. XX - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
AGREEMENT WITH SWATTIMIERS ARCHITECTS FOR DESIGN SERVICES FOR THE
RENOVATION OF THE CITY OF DUBLIN CITY COUNCIL CHAMBERS
WHEREAS, Staff prepared and initiated a Request for Proposal for design services for
the renovation of the City of Dublin City Council Chambers; and
WHEREAS, Staff reviewed and evaluated the submitted proposals based on
completeness and quality of the proposal, interviews, references and proposed costs; and
WHEREAS, SwattlMiers Architects was selected as the most qualified to provide design
services to the City of Dublin; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
approves the Consultant Services Agreement by and between the City of Dublin and
SwattlMeirs Architects attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreement on behalf of the City of Dublin, including any non - substantive changes to the same.
PASSED, APPROVED AND ADOPTED this 6th day of October 2015, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
ATTACHMENT 1
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1.3 Assignment or Personnel. Consultant shall assign only competent personnel to
perform services pursuant to this Agreement- In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the
reassignment of any such persons, Consultant shall, immediately upon receiving
nE tice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant
to this Agreement as may be reasonably necessary to meet the standard of
performance provided in Section 1. 1 above and to satisfy Consultant's obligations
hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
Sixty-nine Thousand Nine Hundred Forty Dollars ($69,940), notwithstanding any contrary
indications that may be contained in Consultant's proposal, for services to be performed and
reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of
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Consulting Services Agreement between October 6, 2015
City of Dublin and Swatt�Miers Architects Page I of 15
Exhibit A
6.1 Invoices. Consultant shall submit invoices, not more often than once a month—
during the term of this Agreement, based on the cost for services performed and
reimbursable costs incurred prior to the invoice date. Invoices shall contain the
following information:
C.2 Monthly Payment City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
costs incurred. City shall have 30 days from the receipt of an invoice that
complies with all of the requirements above to pay Consultant.
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City of Dublin and SwattlMiers Architects Page 2 of 11
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2.4 Total Payment., City shall pay for the services to be rendered by Consultant
pursuant to this Agreement. City shall not pay any additional sum for any
expense or cost whatsoever incurred by Consultant in rendering services pursuant
tV this Agreement. City shall make no payment for any extra, further, or
additional service pursuant to this Agreement.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall n'
exceed the amounts o b
shwn in Exhiit B: I
2.6 Reimbursable Expenses. Expenses not listed below are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation
provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or sta
taxes. 1-
2.9 Authorization to Perform Services. The Consultant is not authorized to perform
any services or incur any costs whatsoever under the terms of this Agreement
until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall,
at its sole cost and expense, provide all facilities and equipment that may be necessary to
perform the services required by this Agreement. City shall make available to Consultant only
the facilities and equipment listed in this section, and only under the terms and conditions set
forth herein.
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4.2 Commercial General and Automobile Liability Insurance.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at
least as broad as Insurance Services Office Commercial General Liability
occurrence form CG 0001. Automobile coverage shall be at least as broad
as Insurance Services Office Automobile Liability form CA 000 1 Code I
("any auto").
a. City and its officers, employees, agents, and volunteers shall be
covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on
behalf of Consultant, including the insured's general supervision of
Consultant; products and completed operations of Consultant;
(ver 2015)
Consulting Services Agreement between October 6, 21 1
City
4 f Dublin and SwattlMiers Architects Page 5 of 11
owned, leased, or used by the Consultant. The coverage shall
contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident bas-0
and not on a claims-made basis. I
endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by
the City shall be called upon to contribute to a loss under the
coverage.
d, Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY
and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance
for licensed professionals performing work pursuant to this Agreement in an
amount not less than ONE MILLION DOLLARS ($ 1,000,000) covering the
licenseIli professionals' errors and omissions.
4.3.1 Any deductible or self- insured retention shall not exceed$ 150,000 per
claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after
thirty (30)
II. ys'prior written notice has been given to the City.
9L. Consultant agrees to notify City by certified mail with return recei
I
requested within 10 working days of any notice from its insurance
company that coverage has been suspended, voided, canceled or
reduced in coverage in any way.
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City of Dublin and SwattIIMiers Architects Page 6 of 11
4.3.4 The following provisions shall apply if the professional liability coverages
are written on a claims-made form:
a. The retroactive date of the policy must be shown and must be
befF re the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement
or the work, so long as commercially available at reasonable rates,
d. A copy of the claim reporting requirements must be submitted to
the City prior to the commencement of any work under this
Agreement.
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City of Dublin and SwattlMiers Architects Page 7 of 15
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and
forms of such insurance are either not commercially available, or that the
City's interests are otherwise fully protected.
Notice of Reduction in Coverage. In the event that any coverage
required by this section is reduced, limited, or materially affected in any
other manner, Consultant shall provide written notice to City at
Consultant's earliest possible opportunity and in no case later than five
M ays after Consultant is notified of the change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option exercise any of
the following remedies, which are alternatives to other remedies City may have
and are not the exclusive remedy for Consultant's breach:
Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under the Agreement;
2015)
Consulting Services Agreement between October 6, 2015
City of Dublin and Swatt�Miers Architects Page 8 of 15
Order Consultant to stop work under this Agreement or withhold any payment
that becomes due to Consultant hereunder, or both stop work and withhold
any payment, until Consultant demonstrates compliance with the requirements
hereof, and/or
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Consulting Services Agreement between October 6, 2015
City of Dublin and SwattlMiers Architects Page 9 of 15
U Consultant No,Agtnt. Except as City may specify in writing, Consultant shall
have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Consultant shall have no authority, express or implied,
pursuant to this Agreement to bind City to any obligation whatsoever.
7.1 Governine Law. The laws of the State of California shall govern this
Agreement.
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7.3 Other Governmental Reizulations. To the extent that this Agreement may be
funded by fiscal assistance from another governmental entity, Consultant and any
subcontractors shall comply with all applicable rules and regulations to which
City is bound by the terms of such fiscal assistance program.
7.5 Nondiscrimination and Enual-Opportunity. Consultant shall not discriminate,
on the basis of a person's race, religion, color, national origin, age, physical or
mental handicap or disability, medical condition, marital status, sex, or sexual
orientation, against any employee, applicant for employment, subcontractor,
bidder for a subcontract, or participant in, recipient of, or applicant for any
(ver.2015)
Consulting Services Agreement between October 6, 2015
City of Dublin and SwattIMiers Architects Page 10 of 15
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Termination. City may cancel this Agreement at any time and without cause
upon written notification to Consultant.
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8.3 Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
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Consulting Services Agreement between October 6, 2015
City of Dublin and SwaulMiers Architects Page 11 of 15
interest therein without the prior written approval of the Contract Administrator.
provided for herein, other than to the subcontractor's noted in the proposal,
without prior written approval of the Contract Administrator.
5 Survival. All obligations arising prior to the termination of this Agreement and
all provisions of this Agreement allocating liability between City and Consultan)
shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant If Consultant materially breaches any of
the terms of this Agreement, City's remedies shall included, but not be limited to,
the following:
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City of Dublin and Swatt,Miers Architects Page 12 of 11
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevang party shall be entitled to reasonable attorneys' fees in
addition to any other relief to which that party may be entitled. The court may set
such fees in the same action or in of separate action brought for that purpose.
10.2 Venue. I In the event that either party brings any action against the other under
this Agreement, the parties agree that trial of such action shall be vested
exclusively in the state courts of California in the County of Alameda or in the
United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in fall force and effect. The invalidity in
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or
any other term of this Agreement.
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(ver2015)
Consulting Services Agreement between October 1 , 20 1
City of Dublin and Swatt'Miers Architects 4 age 13 of 11
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports,
written studies and other printed material on recycled paper to the extent it is
available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless of
location, would place Consultant in a "conflict of interest as that term is defined
in the Political Reform Act, codified at California Government Code Section
8 1000 el seq
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus
group, or interview related to this Agreement, either orally or through any written
materials.
10.9 Contract Administration. This Agreement shall be administered by the City
Manager ("Contract Administrator"), All correspondence shall be directed to or
through the Contract Administrator or his or her designee.
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Swatt�Miers Architects
AYm.-Michael Gal -Plenior Associate
5845 Doyle Street, Suite 104
Emeryville, CA 94608
(ver,2015)
Consulting Services Agreement between October 6, 2015
City of Dublin and Swat t0 Miers Architects Page 1 4 of 15
Cim #§ # «/ «
Attn: R er Brad! 3�, Assist«« ; ««-« nt ity Manag.1
100 Civic Plaza
Dublin, CA 94568
(ver20151
Consulting Services Agreement between October 6, 201
City of Dublin and Swatt�Miers Architects Page 15 of 11
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Consulting Services Agreement between October 6, 201
City of Dublin and Swat(Miers Architects Exhibit A Page I of
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design and documentation phases with Tasks 9 & 10 to be completed dud
construction and final closeout. I
TASK 3
TASK 3a Building code analys,�s
Subtask, The purpose of these meetings is to have regularly
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4" sent to reach a decision.
TASK 6 Regular meetings with the City building department and any other
governing agencies
Dublin City Hall
phases as well. Establishing a point person is preferred which
allows for more formal meetings and for smaller less formal
questions via phone or email as they come up.
TASK 7 Development of specifications
Subtask: We will develop both a set of architectural outline
specifications for cost estimating purposes as well as coordinate
with the other consultant disciplines to produce a comprehensive
specification manual to assist the cost estimating process at the
50% CD stage of design.
Output, Each estimate informs the team how close or far the
project is from its intended budget. Depending on the outcome,
design revisions or equipment modifications may result In order 4,
maintain budget,
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COMPENSATION SCHEDULE
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